Session Law

Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
as follows:

SECTION 1.
Section 19 of 403 of the acts of 1971 is hereby
amended by striking
out, in lines 14 and 15, the words "Three or more assistant assessors, if the
town shall so vote for the term of three years".

SECTION 2.
Said chapter 403 is hereby further amended by striking out
section 20 and
inserting in place thereof the following 4 sections:-

Section 20.
Appointed Officials.
(a) The board of selectmen shall
appoint and
may remove a town
manager or acting town manager in accordance with section 20A.

(b) The selectmen shall appoint town counsel, members of the board of
appeals, election officers, registrars of voters except the town clerk, members
of the historic commission, conservation commission, commission on
disabilities, and, except as provided in section 19, all other boards,
committees, and commissions of the town for whom no other method of selection
is provided in this charter or by-law.

(c) The town manager shall appoint, subject to the approval of the board of
selectmen: a chief of the police department; a chief of the fire department; a
director of public works; an assistant town manager/director of finance or
person performing said function regardless of title; and an assistant town
manager/personnel director, or person performing said function regardless of
title. Appointments made by the town manager shall become effective upon the
approval of the board of selectmen. If the board of selectmen shall fail to
act, appointments made by the town manager shall become effective on the
fifteenth day following the day on which notice of the proposed appointment is
filed with the board of selectmen. For the purposes of this section, notice of
appointment shall be considered filed with the board of selectmen when the
notice is filed at an open meeting of the board of selectmen.

(d) The town manager shall be the appointing authority for the following
officials and employees of the town:

(1) A town accountant, a town treasurer/tax collector, a planning director,
an administrative assessor, an inspector of buildings, a director of public
health, a director of veterans' services, a director of park and recreation, a
director of youth services, a director of management information systems, an
executive director of the council on aging, a library director, a town
engineer, a director of municipal building maintenance, and a building
construction and renovation manager; or persons performing said functions
regardless of title.

(2) All other employees and officials of the town for whom no other method
of selection is provided in this charter, with the exception of the executive
secretary of the finance committee, who shall be appointed by that committee,
and employees of the school department.

(e) Any appointment by the town manager in accordance with subsection (d) 1
shall be subject to the approval of the elected or appointed board or committee
having jurisdiction over a department, if any. Appointments made by the town
manager shall become effective upon the approval of said board or committee.
If said board or committee shall fail to act, appointments made by the town
manager shall become effective on the fifteenth day following the day on which
notice of the proposed appointment is filed with said board or committee. For
the purposes of this section, notice of appointment shall be considered filed
with said board or committee when such notice is filed at an open meeting of
the board or committee.

(f) Any person so appointed by the town manager under subsections (c) and
(d),
who is not subject to chapter 31 of the General Laws, may be removed by the
town manager; provided, however, that no removal shall be made of officers
listed in subsection (c), except with the approval of the selectmen, and that
no removal shall be made of other employees or officers until the town manager
consults with the elected or appointed boards or
committees
having jurisdiction over that employee's department, if any. Removal of
officers listed in subsection (c) shall become effective upon the approval of
the board of selectmen. If the board of selectmen shall fail to act, removals
made by the town manager shall become effective on the fifteenth day following
the day on which notice of the proposed removal is filed with the board of
selectmen. For the purposes of this section, notice of removal shall be
considered filed with the board of selectmen when such notice is filed at a
meeting of the board of selectmen.

Section 20A.
Appointment and Removal of Town
Manager.
(a)
Appointment of
Town Manager.

(1) The selectmen shall appoint, for a term not to exceed 3 years, a town
manager, who shall be a professionally qualified person of proven ability who
has
had substantial involvement with municipal government and is appropriately
fitted by education, training, and by previous full-time paid experience in a
responsible administrative position to perform the duties of the office.

(2) Upon expiration of the term, or upon the resignation or removal of the
town manager, or in the event of any vacancy in the office of town manager, the
selectmen shall, within 7 days, appoint an acting manager to perform the
duties, and shall appoint a successor with the above specified qualifications
forthwith.

(3) The town manager shall be appointed without regard to party or political
designation. He shall be a citizen of the United States of America. No person
holding elective public office in the town with the exception of town meeting
member shall, within 3 years of holding the office, be eligible for appointment
as town manager.

(4) The town manager shall not hold any elective public office nor engage in
any other business or occupation during his tenure except for part-time
consultative or teaching duties, directly related to the profession of
municipal
management and with the specific consent of the selectmen. The town manager
may be appointed for successive terms of office.

(5) Before entering upon the duties of his office, the town manager shall be
sworn, in the presence of a majority of the selectmen, to the faithful and
impartial performance thereof by the town clerk or a justice of the peace.

(b)
Acting Town Manager.
The town manager may designate, subject to the
approval of the selectmen, by means of a letter filed with the town clerk, a
suitable person to perform his duties during his temporary absence or
disability. If the town manager fails to make the appointment, or the person
so appointed fails to serve, the selectmen may appoint a suitable person to
perform the duties. In the event of any vacancy in the office of town manager
or the suspension of the town manager, the selectmen shall, within 7 days,
appoint an acting manager to perform the duties.

(c)
Removal of the Manager.
The selectmen may suspend or remove the
town manager by the affirmative vote of a majority of the full membership of
the board.

Section 20B.
Powers and Duties of the Manager.
The town manager shall
be the chief executive
officer of the town. In addition to other powers and duties provided for in
this charter, the town manager shall have the following powers and duties:

(1) The town manager shall supervise, either directly or through a person or
persons appointed by him in accordance with this charter, all department
managers, except the school department managers. The town manager shall be
responsible for the efficient administration of all departments except the
school department. The town manager shall not, however, exercise any control
over the discretionary power vested by statute in any board, committee,
commission or officer.

(2) The town manager, consistent with this charter, the General Laws, and
town by-law, may, with the approval of elected boards having jurisdiction over
affected departments, where applicable, and with the approval of the selectmen
after a public hearing held by the selectmen for that purpose, reorganize,
consolidate or abolish departments under his supervision, and establish such
new departments as he considers necessary. With the approval, the town manager
may transfer the duties and powers, and, so far as is consistent with the use
for which the funds were voted by the town, transfer the appropriation of one
department to another.

(3) The town manager shall have jurisdiction over the rental and use of all
town property, except school property, and shall be responsible for the
maintenance and repair of all town buildings, including school buildings and
grounds. The town manager shall be responsible for the preparation of plans
and supervision of all work on existing and new buildings, including work on
school buildings, unless otherwise assigned by the town meeting to a permanent
building committee. Plans for the construction or improvement of school
buildings or
property shall be subject to the approval of the school committee.

(4) The town manager shall be the purchasing agent for the town and shall
award all contracts for all departments and activities of the town with the
exception of the school department.

(5) Subject to the approval of the board of selectmen, and with the
oversight of the personnel board, as outlined below, the town manager shall
adopt rules and regulations establishing a personnel system. The personnel
system shall make use of modern concepts of personnel management and shall
include, but not be limited to, the following elements: (i) a method of
administration; (ii) personnel policies indicating the rights, obligations and
benefits of employees; (iii) a classification plan; (iv) a compensation plan;
(v) a method of recruiting and selecting employees based on merit principles;
(vi) a centralized record keeping system; (vii) disciplinary and grievance
procedures; (viii) a professional development and training program; and
(ix) other elements that are deemed necessary. All town agencies and
positions shall be subject to the rules and regulations adopted under this
section, excluding employees of the school department, and as otherwise
provided under chapter 150E of the General Laws.

Personnel policies referenced in clause (ii), or changes to such policies,
shall not be submitted to the board of selectmen without the prior review and
approval of the personnel board. Classification plans or compensation plan
referenced in clauses (iii) or (iv), or changes to such plans, shall not be
submitted to the board of selectmen for approval until as the town manager has
submitted the plan or plan revision to the personnel board for review and
comment and, provided the comments are made within 15 days of submission, has
provided written response to any comment made by the personnel board. In all
other aspects of the personnel system, the town manager shall confer with the
personnel board.

(6) The town manager shall fix the compensation of all town employees except
those under the jurisdiction of the school committee within the limits
established by appropriation and subject to chapter 150E of the General Laws.

(7) The town manager shall negotiate and administer all collective
bargaining
agreements with employee organizations representing town employees other than
employees of the school department, pertaining to wages and other terms and
conditions of employment, in accordance with chapter 150E of the General Laws;
and such agreements, other than agreements with employee organizations
representing school department employees, shall be subject to the approval of
the board of selectmen. The town manager may, with the approval of the board
of selectmen, employ special counsel to assist in the performance of the
foregoing duties. The town manager or his designee shall participate in the
deliberations of the school committee in collective bargaining with employee
organizations representing school department employees, as provided in
chapter 150E of the General Laws.

(8) The town manager shall keep records of the office of town manager and
shall render as often as may be required by the board of selectmen a report of
all operations during the period reported on.

(9) The town manager shall keep the board of selectmen advised as to the
needs of the town and shall recommend to the board of selectmen for adoption
measures requiring action by them or by the town as considered necessary or
expedient by the town manager.

(10) The town manager shall be responsible for the implementation of town
meeting votes and shall report annually in writing to the town meeting on the
status of prior town meeting votes on which implementation is not complete
except matters as relate to the schools.

(11) The town manager shall administer, either directly or through a
person
or persons appointed by him in accordance with this charter, all
provisions of general and special laws applicable to said town, and by-laws and
votes of the town, and all rules and regulations made by the selectmen except
matters as relate to the schools.

(12) The town manager shall report to the selectmen and the finance
committee as to the financial condition of the town.

(13) The town manager shall have access to all town books and papers for
information necessary for the proper performance of his duties, and may,
without notice, cause the affairs of any department or activity under his
control, or the conduct of any officer or employee thereof, to be examined.

(14) The town manager shall be accessible and available for consultation
to
chairs of boards, committees and commissions of the town, whether appointed or
elected, and shall make accessible and available to them such data and records
of his office as may be requested in connection with their official duties.

(15) The town manager shall perform such other duties consistent with his
office as may be required of him by the by-laws or vote of the town or by the
vote of the selectmen.

(16) The town manager shall be the chief fiscal officer of the town.
Warrants for the payment of town funds prepared by the town accountant, in
accordance with section 56 of chapter 41 of the General Laws, shall be
submitted to the town manager. The approval of the warrant by the town
manager, or in his absence the acting town manager, shall be sufficient
authority to authorize payment by the town treasurer, but the selectmen shall
approve all warrants in the event of the absence of the town manager or acting
town manager, or a vacancy in the office of town manager.

(17) Whenever any payroll, bill or other claim against the town is
presented
to the town manager, he shall, if the same seems to him to be of doubtful
validity, excessive in amount, or otherwise contrary to the interests of the
town, immediately investigate the facts and determine what, if any, payment
should be made. Pending the investigation and determination by the town
manager, payment shall be withheld.

Section 20C.
Estimate of Capital Expenditures.
All boards, departments,
committees, commissions and officers of the town shall annually, at the request
of the town manager, submit to him in writing a detailed estimate of the
capital expenditures, as defined by by-law, required for the efficient and
proper conduct of their respective departments and offices for the ensuing
fiscal year and the ensuing 4 year period. The town manager, after
consultation with the board of selectmen, shall submit in writing to the board
of selectmen a careful, detailed estimate of the recommended capital
expenditures for the aforesaid periods, showing specifically the amount
necessary to be provided for each office, department and activity and a
statement of the amounts required to meet the debt service requirements or
other indebtedness of the town. The selectmen shall transmit a copy of the
capital budget to the finance committee along with the board of selectmen's
recommendations relative thereto. The calendar dates on or before which the
capital budget is to be submitted and transmitted shall be specified by
by-law.

SECTION 3.
Said >chapter 403 is hereby further amended by striking
out section 23 and inserting in place thereof the following section:-

Section 23.
Director of Public Works.
The town manager shall appoint a
director of public works, who shall administer, under the supervision of the
town manager, the departments of the town under the control of the selectmen as
they may designate. He shall be responsible for the efficient administration
of all departments within the scope of his duty, and shall hold office subject
to the will of the town manager, consistent with subsection (c) of section 20.
He shall be specially fitted by education, training and experience to perform
the duties of the office, and may or may not be a resident of the town. During
his tenure, he shall hold no elective public office or other public appointive
office, nor shall he be engaged in any other business or occupation. He shall,
subject to the approval of the town manager, appoint assistants, agents and
employees as the performance of the duties of the various departments under his
supervision may require, and may with like approval remove them. He shall keep
records of the doings of his office and shall have charge of and shall
preserve, arrange and index so as to be readily accessible to the public all
plans, surveys, field notes, records, documents and inventories connected with
engineering operations of the town, and render to the town manager, as often as
he may require, a report of
all operations under his control during the period reported upon; and annually,
or from time to time as required by the town manager, he shall make a synopsis
of all the reports for publication. He shall keep the town manager fully
advised as to the needs of the town within the scope of his duties, and shall
furnish to the town manager a carefully prepared and detailed estimate in
writing of the appropriations required during the ensuing fiscal year for the
proper conduct of all departments of the town under his supervision.

SECTION 4.
Section 25 of said chapter 403 is hereby amended by
striking out, in line 7, the words "said board" and inserting in place thereof
the following words:- the town manager.

SECTION 5.
Said chapter 403 is hereby further amended by striking
out section 30 and inserting in place thereof the following section:-

Section 30. Sewer Contracts.
All contracts made for the purposes of
sections 24 to 31, inclusive, shall be made in the name of the town and shall
be signed by the town manager. No contract shall be made, or obligation
incurred, hereunder for said purposes in excess of the amount of money
appropriated by the town therefor.

SECTION 6.
Sections 6 and 7 of this act shall take effect upon its
passage. Sections 1 to 5, inclusive, shall take effect 185 days following
acceptance by a majority of the registered voters of the town voting at the
election specified in section 7, but not otherwise.

SECTION 7.
The state secretary shall place on the official ballot for
the state election to be held on November 2, 2004 in the town of Needham the
following question: "Shall an act passed by the general court in the year 2004
entitled, 'An Act Relative To The Charter Of The Town Of Needham,' be
accepted?", followed by the summary required by section 58A of chapter 54 of
the General Laws, which the town counsel shall ensure that the state secretary
receives not later than September 3, 2004.